Non-Fatal Offences Against the Person

Non-fatal offences against the person are an important area of criminal law, focusing on crimes where the victim suffers harm but does not die as a result. These offences range from common assault and battery to more serious crimes such as assault occasioning actual bodily harm (ABH), wounding, and grievous bodily harm (GBH). Understanding the definitions, actus reus (the physical element), and mens rea (the mental element) is essential for A-Level law students.

Common Assault: Assault and Battery under s39 Criminal Justice Act 1988

Common assault consists of two distinct offences: assault and battery. Both are charged under section 39 of the Criminal Justice Act 1988. These are the least serious non-fatal offences and form the foundation for more serious crimes.

Definition of Assault: Legal Meaning and Key Cases

Assault is committed when a person intentionally or recklessly causes another to fear immediate unlawful force. No physical contact is required; it is the apprehension of imminent violence that is key. A leading case is R v Ireland [1997], where silent phone calls were held to be capable of constituting assault if they caused the victim to fear immediate force.

Actus Reus of Assault: Required Conduct and Circumstances

The actus reus of assault is any act (including words, gestures, or silence) that causes the victim to apprehend imminent unlawful force. The threat must be immediate, but not necessarily instantaneous. Conditional threats, such as “If you don’t leave, I’ll hit you,” can suffice if the victim fears force will be applied. Words can sometimes negate assault, as in Tuberville v Savage (1669), where the defendant’s words indicated no violence would occur.

Mens Rea of Assault: Required Mental State

The mens rea for assault is intention or recklessness as to causing the victim to fear immediate unlawful force. The defendant must either intend the victim to fear such force or be reckless as to whether the victim fears it.

Actus Reus of Battery: Physical Contact and Requirements

Battery is the unlawful application of force to another person. The actus reus is the actual infliction of force, however slight. Physical contact does not need to cause injury; even touching someone’s clothes can amount to battery (R v Thomas [1985]). Force must be unlawful; everyday contact is not battery unless it is hostile or beyond what is socially acceptable.

Mens Rea of Battery: Intention or Recklessness

The mens rea for battery is intention or recklessness as to applying unlawful force. The defendant must intend to apply force or be reckless as to whether force is applied.

Assault Occasioning Actual Bodily Harm (s47 Offences Against the Person Act 1861)

Section 47 OAPA 1861 covers assault occasioning actual bodily harm (ABH). This is a more serious offence than common assault or battery, as it requires the victim to suffer actual bodily harm.

Definition: ABH is committed when an assault or battery causes actual bodily harm to the victim. “Actual bodily harm” means any injury that interferes with the health or comfort of the victim, and is more than trivial (R v Miller [1954]). Psychological harm can also amount to ABH if it is medically recognised (R v Chan-Fook [1994]).

Actus Reus and Mens Rea under s47: Explanation and Examples

Actus Reus: The actus reus is the same as assault or battery, but with the added requirement that the victim suffers actual bodily harm. The harm must be a direct result of the assault or battery.

Mens Rea: The mens rea is the same as for assault or battery – intention or recklessness as to the assault or battery itself. There is no need for the defendant to foresee actual bodily harm (R v Savage [1991]).

Wounding and Grievous Bodily Harm (s20 Offences Against the Person Act 1861)

Section 20 OAPA 1861 deals with the offence of unlawfully and maliciously wounding or inflicting grievous bodily harm (GBH).

Definition: “Wounding” means breaking both layers of the skin (JJC v Eisenhower [1983]). “Grievous bodily harm” means serious harm (R v Saunders [1985]). GBH can include serious psychiatric injury.

Actus Reus and Mens Rea under s20: Explanation and Examples

Actus Reus: The defendant must unlawfully wound or inflict GBH on the victim. Inflicting GBH can be direct or indirect, and does not require physical contact.

Mens Rea: The defendant must intend some harm or be reckless as to whether some harm might occur. It is not necessary to intend serious injury (R v Mowatt [1967]).

Wounding and Grievous Bodily Harm (s18 Offences Against the Person Act 1861)

Section 18 OAPA 1861 is the most serious non-fatal offence, covering wounding or causing GBH with intent.

Definition: As with s20, wounding means breaking both layers of the skin, and GBH means serious harm.

Actus Reus and Mens Rea under s18: Explanation and Examples

Actus Reus: The actus reus is the same as under s20 – unlawfully wounding or causing GBH.

Mens Rea: The mens rea is specific intent to cause GBH or resist lawful arrest. The defendant must intend to cause serious harm, not just some harm (R v Belfon [1976]).

Summary of Key Points

• Non-fatal offences against the person include common assault (assault and battery), ABH, and GBH/wounding.
• Assault is causing someone to fear immediate unlawful force; battery is the unlawful application of force.
• ABH under s47 requires an assault or battery causing harm more than trivial.
• Wounding/GBH under s20 requires serious harm or breaking the skin, with intention or recklessness as to some harm.
• Wounding/GBH under s18 requires specific intent to cause serious harm.
• Understanding actus reus and mens rea for each offence is essential for successful exam answers.

Use these notes as a foundation for further study, ensuring you can apply definitions and elements to case scenarios for your A-Level Law exams.